Kleinbard lawyers provide advice and counseling to a variety of clients in the food industry. The Firm’s extensive experience with general day-to-day commercial agreements, real estate, licensing transactions, and joint ventures and other collaborative arrangements gives our lawyers the background to provide food clients with the support they need for matters involving product development, manufacturing, marketing, storage and handling, and retailing.

Our services for this sector include the following areas:

  • Product development agreements;
  • Co-packing agreements and other outsourcing arrangements;
  • Acquisitions, dispositions, and joint ventures;
  • Warehouse and other storage/handling agreements;
  • Trademark and proprietary formula licensing;
  • Collaborative marketing and other retail-related agreements;
  • Website hosting and design and other agreements for IT services;
  • Real estate purchases, sales, and leases/subleases;
  • Franchise agreements and related documentation;
  • Equity and debt financings; and
  • Commercial litigation.

Examples of recent matters handled for food clients include:

  • Represented a publicly-held weight loss company in an exclusive license of its brand and certain business methods to a major Japanese food manufacturer for use in Japan;
  • Represented the U.S. division of a French food manufacturer in the outsourcing of its east coast warehousing operations;
  • Represented a food manufacturer in connection with a co-packing agreement to supply a key product to Frito-Lay;
  • Represented a food manufacturer in connection with a supply agreement to provide proprietary mixes to 7-11 for use in its retail outlets;
  • Represented a publicly-held food company in connection with a joint venture to develop, produce, and distribute its first line of frozen foods;
  • Represented a well-known online food retailer in connection with the resolution of various disputes with its website and data center service provider;
  • Represented a national food company in connection with its product placement and marketing agreements with Walmart and Target;
  • Represented a national supermarket chain in connection with emergency litigation that led to the favorable resolution of a shopping center lease restrictive covenant dispute with a major national discount store chain;
  • Represented a franchisee of a regional salad retailer in connection with franchise agreements and the acquisition of additional franchise locations; and
  • Represented a franchisee of a national ice cream retailer in connection with franchise agreements and various real estate matters for retail locations.